National: FONATUR Declares Maya Train Has Environmental Impact Exemption

June 11, 2020

Train

@CEMDA

The National Tourism Promotion Fund (FONATUR) recognized that the Maya Train project does not have the environmental impact assessments that should be a requirement for infrastructure construction according to the General Law of Ecological Balance and Environmental Protection (LGEEPA) that entered in force in 1988.

According to the LGEEPA for the completion of works and infrastructures, the necessary presentation of an Environmental Impact Statement (EIS) is established before the Ministry of the Environment and Natural Resources, SEMARNAT.

“The environmental impact assessment is the procedure through which the Ministry establishes the conditions to which the execution of works and activities that may cause ecological imbalance or exceed the limits and conditions established in the applicable provisions to protect the environment and preserve and restore ecosystems, in order to avoid or minimize their negative effects on the environment”, Article 28 of the LGEEPA states.

In an explanatory note, published on June 7th in response to Reforma newspaper after an article that stated that the Maya Train had started without the necessary environmental authorizations, FONATUR denied these statements because it considers that the Maya Train project is maintenance work for the rehabilitation and improvement of railways, which have existed since before 1988, before the LGEEPA came into force, for which they requested and obtained an exemption.

The Maya Train project has produced voices of concern and criticism from various environmental organizations about the environmental impacts that the project could cause, also questioning the lack of information on possible impacts. The Mexican Center for Environmental Law (CEMDA) highlights risks and impacts such as ecosystem division, depletion and contamination of the aquifer, deforestation and extinction of flora and fauna.

For more information in Spanish:

Nota aclaratoria, (Fonatur, 7 de junio)

Postura del Centro Mexicano de Derecho Ambiental respecto al Proyecto Tren Maya,  (CEMDA, 8 de junio)

Fonatur admite que Tren Maya no tiene evaluación ambiental (Proceso, 8 de junio)

Fonatur reconoce que ha usado antigua ley para Tren Maya y aún falta autorización ambiental (Reporte Indigo, 9 de junio)

For more information from SIPAZ:

Oaxaca: AMLO Inaugurates Trans-Isthmus Corridor; Civil Organizations Say “He’s Taking Advantage of Pandemic”(June 11, 2020)

Chiapas/National: Provisional Suspension of Maya Train Revoked in Pandemic (June 4, 2020)

National: Claims Fracking Continues in 4T; AMLO Denies it (May 20, 2020)

National: CNDH Issues Precautionary Measures for Indigenous Peoples of Yucatan and Requests Halt to Maya Train Works (May 18, 2020)

 


Chiapas/National: Provisional Suspension of Maya Train Revoked in Pandemic

June 4, 2020

Tren-Maya1© Agencia Reforma

On May 25th, the Collegiate Administrative Court revoked the provisional suspension of the Maya Train in the Palenque-Escarcega section, which had been granted by Judge Lucia Anaya Ruiz Esparza of the Second District Court of Injunction and Federal Criminal Trials of the state of Chiapas in favor of indigenous Choles.

By unanimous decision, the foundations of the complaint filed by the National Tourism Development Fund (FONATUR) regarding the construction of the part is essential and it can perform work during this health emergency were declared valid. “It was the Ministry of Health that determined that the activities of the Maya Train are a priority and, therefore, cannot be suspended despite the epidemic that the country is currently going through, which for that reason determined that the general communication channels cannot stop, since the economic and social effects for the population have a strong impact.” the ruling indicates.

The Indignation organization regretted that the magistrates’ argument is founded on the economic interest of the Maya Train, which has been widely contradicted by numerous organizations, communities and academics. In addition, they consider that they are ignoring the current health situation where “the greatest public order and social interest must be based primarily on the health of the population.”

Despite this decision, it will be next Friday at 12 noon when the Second District Court of Injunction and Federal Trials decides whether or not to grant the definitive suspension to the Chol community, and thus stop the work indefinitely until the case is resolved by the collegiate court.

Meanwhile, President Andres Manuel Lopez Obrador announced that he can resume his tours of the country next week in the midst of the pandemic. The president explained that he would travel to Cancun on Tuesday inaugurate the Maya Train, in addition to visiting Merida, Escarcega, Palenque, Villahermosa, as well as initiating the rehabilitation of the Isthmus Train.

For more information in Spanish:

Aprueban recurso de Fonatur para continuar obras del Tren Maya (La Jornada, 25 de mayo 2020)

AMLO retomará giras la próxima semana para dar banderazo de Tren Maya (El Universal, 27 de mayo 2020)

Tribunal autoriza a Fonatur a seguir con la construcción del Tren Maya en Chiapas (Milenio, 25 de mayo 2020)

Denuncian que Tribunal pone en riesgo a indígenas al revocar suspensión contra Tren Maya(Somos el medio, 27 de mayo 2020)

For more information from SIPAZ:

Oaxaca: “The Isthmus is Ours” Campaign Rejects Integration of “Tehuantepec Isthmus Interoceanic Corridor Regional Committee for Social Attention” (May 19, 2020)

National: CNDH Issues Precautionary Measures for Indigenous Peoples of Yucatan and Requests Halt to Maya Train Works (May 18, 2020)

National: Numerous Collectives Call National and International Communities to Back Urgent Action against Maya Train (May 14, 2020)

Chiapas: Federal Court Orders Suspension of Palenque Section of Maya Train; FONATUR Considers Injunction “Unfair” (May 13, 2020)

 

 


National: CNDH Issues Precautionary Measures for Indigenous Peoples of Yucatan and Requests Halt to Maya Train Works

May 18, 2020

Tren_covid© Excelsior

On May 14th, the National Human Rights Commission (CNDH) called on the federal government to stop work on the Maya Train because of the risk that the indigenous communities, workers in the areas involved in this megaproject run. In previous days, the project was declared “essential” to continue during the contingency. However, the area that this train will travel is marked by a large number of infections and deaths from COVID-19. According to data from the Secretary of Health, the states of Tabasco, Campeche and Quintana Roo are among the five with at least one case in all of their municipalities and a total of 5,020 infections and 622 deaths.

In addition, President Andres Manuel Lopez Obrador expressed his desire to start a tour of the different states through which the train would pass and so mark the initiation of work, although he clarified that it would be after June 1st. In this sense, the CNDH reiterated the need for the National Tourism Development Fund (FONATUR) to suspend work “urgently”and issued precautionary measures for the indigenous peoples of the Yucatan peninsula. The organization argued that this request is made based on the current state of the pandemic which, being in Phase 3, “is of the utmost gravity, urgency and possible damage to the Health, Personal Integrity and Life of the inhabitants of the region.”

In addition, the complaint filed by indigenous peoples and civil organizations defending human rights in Yucatan who allege the alleged violation of articles four and 29 of the Constitution was considered; article 12 of the International Covenant on Economic, Social and Cultural Rights; and four and five of the American Convention on Human Rights (Pact of San Jose, Costa Rica), which establish the human right to Health, Personal Integrity and Life.

For more informatio in Spanish:

CNDH pide frenar Tren Maya por riesgos en pueblos indígenas ante epidemia (Animal político, 14 de mayo 2020)

Llama la CNDH a parar obras del Tren Maya “no esenciales” (La Jornada, 15 de mayo 2020)

Covid-19 pega con tubo a ruta del Tren Maya; sureste, en alerta (Excelsior, 15 de mayo 2020)

CNDH: Comunicado de Prensa (Comisión Nacional de Derechos Humanos, 14 de mayo 2020)

For more information from SIPAZ:

National: Numerous Collectives Call National and International Communities to Back Urgent Action against Maya Train (May 14, 2020)

Chiapas: Federal Court Orders Suspension of Palenque Section of Maya Train; FONATUR Considers Injunction “Unfair” (May 13, 2020)

National: Online Forum “No to the Misnamed Maya Train”(May 5, 2020)

Chiapas: “Not Only COVID Threatens Life” – Las Abejas de Acteal Civil Society (April 25, 2020)

 


National: Numerous Collectives Call National and International Communities to Back Urgent Action against Maya Train

May 14, 2020

EZTM

@ Enlace Zapatista

On May 11th, different groups made a call to support an urgent action against the Maya Train project, since, despite the injunctions filed by the communities of Ocosingo, Palenque and Salto del Agua and the COVID-19 pandemic, work has not been suspended, thus violating the “Right to Health, life and active participation in the defense of their rights.”

It is expected that on May 14th, the Supreme Court of Justice of the Nation (SCJN) will resolve the definitive suspension of this project, which had been provisionally done by a Federal Judge in previous weeks.

Added to this is the decree published in the Official Gazette of the Federation, where the government announced that it will have the Armed Forces carry out public security tasks, which represents for indigenous peoples and communities not only “unleashing a war against the drug cartels, which impose dispossession of forests, waters, minerals, wood and facilitate the entry of business and government megaprojects, but also face corruption, the links it has with organized crime, its complicity with fuel theft, the acts of repression and dispossession of indigenous peoples and communities, the use of public force to impose megaprojects, the forced displacement that they cause in the communities, according to them to bring order, as well as the murders, rapes and the criminalization of social protest social.”

Given what is happening and could happen, it seeks to promote knowledge and resistance against the project in civil society through actions such as concentrating information on the subject for its dissemination; share the existing poster (s) and/or design new ones that denounce the project and its damages; write and disseminate pronouncements in this regard; identify campaign initiatives by existing Mexican citizen groups to support them, or launch one; promote saturation of phone calls or emails to SCJN, FONATUR, CNDH, etc., speaking out against the project; and, invite networks, groups, contacts, to join in the campaign tasks.

For more information in Spanish:

Diversos colectivos promueven acción virtual contra el proyecto de despojo nombrado tren maya (Enlace Zapatista, 11 de mayo 2020)

Urgen intervención de la CNDH para frenar obras del Tren Maya (Aristegui Noticias, 11 de mayo 2020)

¿Por qué decir ¡NO! al “Tren Maya”? (Los Hijos del Maíz- Tlax, 11 de mayo 2020)

For more information from SIPAZ:

National: Armed Forces Decreed Public Security Duties for Five Years; “Militarism Came out of the Closet” – CSO(May 14, 2020)

Chiapas: Federal Court Orders Suspension of Palenque Section of Maya Train; FONATUR Considers Injunction “Unfair” (May 13, 2020)

National: Online Forum “No to the Misnamed Maya Train”(May 5, 2020)

 

Oaxaca: Organizations, Communities and Movements Demand Suspension of Trans-Isthmus Project (May 2, 2020)

Oaxaca: Illegal Start on Trans-Isthmus Corridor without EIR Denounced (April 28, 2020)

National: Almost 200 Organizations Demand Halt to Maya Train Works During Emergency; AMLO Confirms Megaprojects Will Continue (April 25, 2020)

 


Chiapas: Federal Court Orders Suspension of Palenque Section of Maya Train; FONATUR Considers Injunction “Unfair”

May 13, 2020

tren_mayaPhoto: yoinfluyo.com

On May 8th, the organization Indignation, Promotion and Defense of Human Rights, AC, based in Yucatan, reported that a federal judge granted an injunction to indigenous people in Chiapas by ordering that the works of the Maya Train be suspended in the section from Palenque.

The request for the injunction had been presented by indigenous people from Palenque, Ocosingo and Salto de Agua before the issuance of the agreement of April 6th and the decree of April 23rd, by which the continuation of the project was determined despite the pandemic of the Coronavirus (Covid-19).

Indignation, Promotion and Defense of Human Rights declared that the court “determined it appropriate to grant the suspension, because at this time it must give a preponderant value to the right to health of the complainants.”

“The work involved in such infrastructure requires the deployment of various activities that must be carried out by a large group of people and, consequently, they will require various essential and non-essential services in the community, which will lead to an increase in activities in their public areas”, argued the judge. For the same reason, he considered that “this situation would undoubtedly increase the risk of the inhabitants of the Maya Ch’ol community of contracting the COVID-19 virus and in that same proportion would decrease the possibility of being treated and recovering by evading the rules given by the health authorities for the containment of the multicited virus.”

Indignation explained that although the suspension is provisional (the final decision will be resolved in a hearing on May 14th), it allows the potential damages that the project will cause to become visible.

For its part, the National Fund for the Promotion of Tourism (FONATUR) assured that it has not been officially notified of the injunction. In advance, it considered the provisional suspension against construction inadmissible. This, it argued, because it is a railway communication line currently in operation and the work involved is maintenance. It also stated that the works are carried out in strict adherence to the sanitary protocols of protection measures in works in the current context.

For more information in Spanish:

Juez federal otorga amparo contra Tren Maya en Palenque (La Jornada, 9 de mayo de 2020)

Fonatur considera “improcedente” suspensión provisional contra las obras del Tren Maya en Chiapas (Sin Embargo, 9 de mayo de 2020)

Jueza suspende obras del Tren Maya en Palenque; Fonatur desestima resolución (Proceso, 8 de mayo de 2020)

Jueza federal concede suspensión de Tren Maya en tramo de Palenque, por Covid-19(Contralínea, 8 de mayo de 2020)

For more information from SIPAZ:

National: Online Forum “No to the Misnamed Maya Train”(May 5, 2020)

 

National: Almost 200 Organizations Demand Halt to Maya Train Works During Emergency; AMLO Confirms Megaprojects Will Continue (April 25, 2020)

 

Chiapas: FONATUR Receives 14 Proposals for recibe 14 to Build Palenque-Escarcega Stretch of Maya Train (April 5, 2020)

Chiapas/National: Petition in Support of Injunction against Maya Train (March 23, 2020)

National: Huge Contrast between Study of Maya Train Commissioned by National Council for Science and Technology (CONACYT) and Discourse of AMLO Government (March 19, 2020)

 


Chiapas: FONATUR Receives 14 Proposals for recibe 14 to Build Palenque-Escarcega Stretch of Maya Train

April 5, 2020

tren_mayaPhoto: yoinfluyo.com

The National Tourism Promotion Fund (FONATUR) announced that they received 14 technical and economic proposals from consortiums in Mexico, Latin America, the United States and China for the first section of the Maya Train.

For this first section that goes from Palenque in Chiapas to Escarcega in Campeche, a cost is estimated between 13 to 22 billion pesos. FONATUR calculated that the construction will generate more than 74 thousand jobs.

Fonatur will announce the decisión for the tender for the first section this April 23rd to start work on April 30th, 2020.

“The evaluation of the proposals will be carried out under the criteria of points and percentages, that is, the technical proposal has a weight of 50 points, while the economic proposal is 50 points”, Fonatur explained.

“The scope of the contracts implies the elaboration of the executive project based on the basic engineering provided by FONATUR, supply of materials, construction of platform and railroad, dirt roads, structures, roads, among others, as well as various works”, it added.

For more information in Spanish:

Recibe Fonatur 14 propuestas económicas para tramo 1 de Tren Maya, La Jornada, 1 de abril de 2020

Tramo Palenque-Escárcega del Tren Maya recibe 14 propuestas de construcción, Chiapasparalelo, 3 de abril de 2020

Slim y otros 13 consorcios van por tramo 1 del Tren Maya, Milenio, 1 de abril de 2020

For more information from SIPAZ:

Chiapas/National: Petition in Support of Injunction against Maya Train (March 23, 2020)

National: Huge Contrast between Study of Maya Train Commissioned by National Council for Science and Technology (CONACYT) and Discourse of AMLO Government (March 19, 2020)

National: Federal Judge Halts Indefinitely Construction of Maya Train in Calakmul, Campeche (March 9, 2020)

National/International: Consultation on Maya Train did not Meet International Standards (January 4, 2020)


National/Campeche: Injunction against Maya Train Limited to Municipality Calakmul

March 2, 2020

calakmulCalakmul

On February 27th, a Collegiate Court of the state of Campeche, resolved a complaint against the suspension of the “Maya Train Development Project”, granted by the First District Judge in the state.

The Collegiate Court prevented the federal government from executing the works of the Maya Train only in the municipality of Calakmul, in Campeche, given the risk that the rights of indigenous peoples in the entity may be violated. In their resolution “the magistrates considered that the work can generate environmental alterations that would cause irreparable damage to the contesting communities” El Informador newspaper reported.

Previously, indigenous communities belonging to the Peninsular and Ch’ol Maya people, settled in Xpujil, Calakmul, Campeche, members of the Indigenous and Popular Regional Council of Xpujil (CRIPX), reported that, on January 14th, the Judicial Power of the Federation granted them a provisional suspension of the execution of the “Maya Train Development Project”. This is due to a request for an injunction that they filed against the “simulated” Indigenous Consultation process that was carried out in informative and consultative assemblies with representatives of indigenous communities, to obtain the approval of the communities. The Mexican government immediately challenged the provisional suspension.

In this regard, on February 28th, the National Tourism Development Fund (FONATUR), the body in charge of the “Maya Train Development Project,” reported through a statement that “a Collegiate Court of the state of Campeche gave the green light for the continuation of work on the 1,460 kilometers of the route of the Mayan Train.”

Now, according to FONATUR, the Collegiate Court of the state of Campeche considered that “this suspension does not prevent the responsible authorities (FONATUR) from carrying out actions aimed at the execution of the administrative project such as tenders, obtaining environmental permits or any another issue; preparation of budgets and projects because such acts do not entail imminent damage to the complaining community.”

However, “the First District Judge located in Campeche, must continue to relieve the demand for guarantees and decide whether or not to grant the final suspension.” Animal Politico reported that “the hearing to resolve this was rescheduled for March 3rd, after FONATUR did not appear at the previous hearings alleging that it had not been formally notified about the provisional suspension issued by the judge.”

For more information in Spanish:

Tribunal impide ejecutar obras del Tren Maya en Calakmul, Campeche (El Informador, 27 de febrero de 2020)

Fonatur impugna amparo contra Tren Maya (El Economista, 12 de febrero de 2020)

Fonatur seguirá con licitaciones del Tren Maya; aun con suspensión (La Jornada, 27 de febrero de 2020)

Poder Judicial da luz verde para seguir los trabajos del Tren Maya (Fonatur, 28 de febrero de 2020)

For more information from SIPAZ:

National/Campeche: Government Denies Reports of Suspension of Maya Train (January 31, 2020)

National/International: Consultation on Maya Train did not Meet International Standards (January 4, 2020)

National: Indigenous Consultation Participants Accept Maya Train Project; Convention 169 of ILO not Respected (January 4, 2020)

National: Bidding Process Begins for Maya Train without Previous Consultation with Indigenous Peoples (May 10, 2019)

Mexico: Consultations on Maya Train and Nine “Priority” Projects of New Government (December 13th, 2018)

National: AMLO Announces Consultation for the Construction of the Maya Train (November 14th, 2018)